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Official Gazette

Saturday, September 26, 2020
Tags: criminal liability
Penal liability of corporate legal persons for wildlife-related crimes Penal liability of corporate legal persons for wildlife-related crimes
The 2015 Penal Code prescribes heavy fines for corporate legal persons’ crimes violating regulations on management and protection of endangered, precious and rare wild animals, ranging from VND 300 million to VND 15 billion. This shows that Vietnam is always aware of the nature and danger of these crimes to the ecological environment.
Hanoi promises hefty fines for COVID-19 offenders Hanoi promises hefty fines for COVID-19 offenders
Failing to wear masks in public, reporting inaccurate health statuses or evading quarantine are just some actions that could result in heavy fines or even a criminal trial.
Redefining criminal policies against the backdrop of the fourth industrial revolution Redefining criminal policies against the backdrop of the fourth industrial revolution
The fourth industrial revolution has brought about numerous opportunities and posed great challenges[1] to the society in general and criminal justice in particular as there are numerous important fields directly and deeply impacted by this revolution[2]. This requires a fresh perception of criminal policies, including criminalization and decriminalization policies, as well as a new approach in the prevention and combat of newly emerging crimes, which must be based on the Party’s viewpoints and guidelines, the State’s overall socio-economic and international integration policies and regulations[3], historical-traditional conditions and crime prevention and combat practice. The globalization of criminal jurisdiction also requires the State to develop new criminal policies and reorganize the criminal justice system in order to clearly identify, effectively prevent, respond to and combat newly emerging crimes, particularly those against the national security and sovereignty, social order and safety, human and citizens’ rights.
New payment rules aim to boost Vietnam-China border trade New payment rules aim to boost Vietnam-China border trade
From mid-October, traders and residents in Vietnam-China border areas may use Chinese yuan in certain transactions, according to a regulation issued by the State Bank of Vietnam last month.
Personal liability and corporate liability under new Penal Code Personal liability and corporate liability under new Penal Code
On June 20, 2017, the National Assembly passed the revised Penal Code. It became effective on January 1, 2018. Several significant changes have occurred. Several acts, previously criminal, are no longer punishable. On the other hand, several previously innocent acts have been criminalized. One very large change is that an enterprise-not just an individual-may now be guilty of a crime1.
Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam
Vietnam has increasingly been taking part in economic integration and globalization. In such a context, there is an emerging trend of investment by domestic investors in other countries, which may create risks of bribery of foreign public officials or international organizations to obtain commercial advantages in international investments.
Handling enterprises environmental violations in Vietnam: current situation and suggested solutions for better management Handling enterprises’ environmental violations in Vietnam: current situation and suggested solutions for better management
In recent years, the number of environmental violations committed by legal persons has been on the rise in Vietnam including the cases of Vedan, Sonadezi, Nicotex Thanh Thai, Hao Duong Leather Corporation, Tung Kuang Company, and the most recently the case of Formosa Steel Ha Tinh Company in 2016.
Control and handling of corrupt acts in the private sector through accountability mechanism Control and handling of corrupt acts in the private sector through accountability mechanism
Corruption in the non-state business sector happens when someone takes advantage of his/her position in his/her enterprise for the sake of his/her personal gains. In Vietnam, the 2015 Penal Code (revised in 2017) has broadened the scope of corrupt acts to include corruption occurred in the private sector. Specifically, persons with high positions and/or powers in a non-state enterprise or organization will be liable for the following criminal acts: embezzlement, receiving bribes, giving bribes and bribery brokerage. However, in order to effectively prevent and combat corruption in the private sector, holding persons committing corrupt acts liable is not sufficient enough.
Top court mulls revisions to penal code Top court mulls revisions to penal code
The Supreme People’s Court on March 29 looked into issues relating to the draft law revising the 2015 Penal Code, including the scope of criminal liability by those aged 14 to 16 years and the criminal liability of adults in commerce.
Death penalty in Vietnams new Penal Code Death penalty in Vietnam’s new Penal Code
Although retaining the death penalty for many offenses, the Penal Code establishes more stringent conditions for imposition of this penalty to ensure individualized punishment and reduce death sentences.

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